रजिस्ट्रार जनरल, मद्रास उच्च न्यायालय बनाम आर. पेरासी
| Citation | (2003) 7 SCC 222 |
| Court | Supreme Court of India |
| Date | 27 August 2003 |
| Year | 2003 |
| Bench | N. Santosh Hegde, B.P. Singh JJ. |
| Acts/Articles | Article 311, Article 14 |
| Category | Service & Employment Law |
Key Principle Established
A person promoted on temporary/officiating basis has no right to the promotional post. Reversion of such person to the parent cadre is not punitive and does not require disciplinary proceedings.
An employee promoted on temporary/officiating basis was reverted to the parent cadre. He challenged the reversion as punitive, arguing it required Article 311 procedural safeguards.
The Court held that reversion from a temporary/officiating promotion is not punitive — it is merely a return to the substantive post. Since the employee had no right to the promotional post, reversion does not attract Article 311 protection and does not require a show cause notice or inquiry.
This distinction between substantive promotion and officiating promotion is critical in government employment law. Officers on temporary promotion cannot claim the same protection as those holding substantive appointments.
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Government policy on regularization of contractual employees under HKRNL must be implemented uniformly. Selective application violates Article 14.
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University recruitment must follow UGC norms and guidelines. Appointments made in violation of minimum qualification requirements are void ab initio.
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Recruitment bodies must follow fair and transparent selection processes. Any irregularity in the recruitment process vitiates the entire selection.
Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.